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Home My WebLink About022 - Appendix N - Recorded Car Share Agreement 2851479 Page of 6 05/2912025 09 34 39 AM Fee $48 00 Eric S;Merad - Gallatin County MT MISC After Recording Return to: I IIIIIII I'Ill III tII'I ��I'II IIII IIIM!IIII III!!II III IINI II!!I IhII IIII III KLH ADVISORS PLLC 1940 West Dickerson Street,Suite 206 Bozeman,MT 59718 PROTECTIVE COVENANT FOR WALLACE WORKS LLC'S CAR SHARING PROGRAM This PROTECTIVE COVENANT FOR WALLACE WORKS LLC'S CAR SHARING PROGRAM(the"Protective Covenant")is made and entered into on this a day of_M!J 2025 by Wallace Works LLC, a Montana limited liability company (the "Property Owner")pursuant to Section 38.540.OSO.A.1.b(3)of the Bozeman Municipal Code("BMP"). RECITALS WHEREAS,Property Owner owns and plans to develop certain real property in Gallatin County,Montana,described in Exhibit A(the"Property"),and WHEREAS, Property Owner desires to create a progressive urban community and to develop a car sharing program on the Property and such other land as may be added thereto under the terms and provisions of this Protective Covenant. NOW,THEREFORE, Property Owner declares that the Property will be held,sold,and conveyed subject to this Protective Covenant,and conditions stated below,which will be deemed covenants running with the land and imposed on and intended to benefit and burden the Property. Such covenants will be binding on all parties having any right,title,or interest therein or any part thereof, their respective heirs,personal representatives,successors,and assigns, and will inure to the benefit of the Property Owner and its respective heirs, personal representatives, successors, and assigns thereof: PROTECTIVE COVENANT The Property Owner hereby establishes,pursuant to Section 38.540.050.A.Lb(3),BMP,a car sharing program on the Property that shall run with the land(the"Car Sharing Program"). Unless approved by the City of Bozeman,Director of Community Development or equivalent City employee, the Car Sharing Program shall not be terminated by the property owner, the Property Owner, or any successor in interest responsible for management of the Car Share Program, including but not limited to, any owner, entity, property owner's association, any condominium established under the Montana Unit Ownership Act,by any management company hired to manage the Property(the"Car Share Program Manager"). The car sharing program shall dedicate four (4) shared vehicle parking spots on the Property. Should the Property be subdivided at any time in the future, the car share program's membership will include both owners and renters from all lots within the subdivision. The car sharing program shall be managed by the car share management plan, attached as Exhibit B, as required by the City of Bozeman's Administrative Policy No.2017-01,Section B. AMENDMENT Notwithstanding the foregoing sentence on termination, any Property Owner, owner, property owner's association or board of directors,in accordance with any amendment requirement Page I of 3 2851479 Page 2 of 6 05/29/2025 09:34:38 AM of the declaration or bylaws of the property owner's association, has the authority to amend this covenant for compliance if the City amends the relevant section of the BMP and this covenant no longer complies with the new Code. IN WITNESS WHEREOF, Property Owner has caused this instrument to be duly executed on this2$ day of KMf , 2025. PROPERTY OWNER: Wallace Works LLC, a Montana limited liability company By: Name: J Erik-Evans Title: is Manager 2851479 Page 3 of 6 05/29/2025 09:3438 AM PROPERTY OWNER'S ACKNOWLEDGEMENT STATE OF MONTANA ) :SS COUNTY OF GALLATIN ) On this day of 2025, before me the undersigned,a Notary Public for the State of fNACrtdrLY1a,personally appeared, Jon Erik-Evans,known to me to be the Manager of Wallace Works LLC and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Wallace Works LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. (SEAL) Notary Public for the State of M&V%ttL*1D - My commission expires: °w w f;' HOLLY W EIDEN (Printed Name) 9 11,. Notary Public r'NpTARi��'y for the state of Montana -- Residing at: .SEAL.��; Bozeman, Montana YI My Commission Expires: December 16,2027 Page 3 of 3 2851479 Page 4 of 6 05/29/2025 09:34:38 AM Exhibit A Legal Description Lot A of the Amended Plat of Lots 2& 3 of Plat C-23-A18,Lot 2 of Plat C-23-A16,&Tract 1 of Minor Subdivision No. 3, in Block 109 of the Northern Pacific Addition to the City of Bozeman, Recorded in Book C of Plats on Page 23-A50. Located in the Southeast Quarter of Section 6, Township 2 South,Range 6 East,Principal Meridian,Montana,City of Bozeman,Gallatin County, Montana. 2851479 Page 5 of 6 05/29/2025 09:34:38 AM Exhibit B Car Share Program Agreement and Management Plan Wallace Works LLC is a Montana limited Liability Company with the address of PO Box 1206, Bozeman,Montana 59771 (the"Property Owner"): Lot A of the Amended Plat of Lots 2&3 of Plat C-23-A 18,Lot 2 of Plat C-23-A 16,&Tract 1 of Minor Subdivision No. 3, in Block 109 of the Northern Pacific Addition to the City of Bozeman, Recorded in Book C of Plats on Page 23-A50. Located in the Southeast Quarter of Section 6, Township 2 South, Range 6 East, Principal Meridian, Montana, City of Bozeman,Gallatin County, Montana(the"Property"). Pursuant to Administrative Policy No. 2017-01(the"Policy") and Section 38.540.050.A.1.b(3)of the Bozeman Municipal Code (the "Code"), the Property Owner plans to manage a car sharing program that will dedicate four (4) shared vehicles and four (4) on-site parking spots on the Property(the"Car Share Program"). The Property Owner hereby agrees and acknowledges that: 1. The car share management plan (the"Plan")will be managed by the Property Owner and the Car Share Program shall be commenced prior to issuance of a certificate of occupancy. 2. The Property Owner recognizes and agrees that a Car Share Management Plan must be approved by the Director of Community Development and be in place prior to approval of the site plan. 3. The Property Owner shall record a protective covenant that requires the Car Share Program to continue for the life of the development. 4. The members of the Car Share Program will include owners and tenants of the Property. 5. The Property Owner agrees that the Car Share Program may not be terminated unless there is approval of the Directors of Community Development,and one or more of these options bring the Property into compliance: a. Execution of a contract with a comparable car sharing service; b. Entering into a City of Bozeman approved shared parking; c. Construction of additional parking spaces on-site or off-site; d. Pay cash-in-lieu payments for eligible properties; e. Demonstrating compliance with the City of Bozeman parking regulations in another manner. 6. The Property Owner has the authority to amend the Program and the Management Plan as long as the Program and the Management Plan are in compliance with the Policy and Code, and in the event this Program or Plan no longer complies with a new Policy or Code. 2851479 Page 6 of 6 05/29/2025 09,34:38 AM 7. The Property Owner shall file an annual report to verify that the Car Share Program is in place and operational no later than December 31'of each year,starting one year after the certificate of occupancy for the use is issued. Car Share Management Plan The Property Owner will implement the Management Plan, which shall include the purchase of four(4)vehicles and the management of car-sharing services.Neither the Car Share Program nor the Management Plan will be managed by a third-party provider. The Management Plan will require: a. The vehicles are to be available to members 24 hours a day, 7 days a week, on an incremental basis of less than one day,and do not exceed one day of use. b. The Property Owner is to charge its members for time and/or mileage. c. The Property Owner will provide automobile liability insurance, as required by Montana law, for its members and will implement an advance reservation system for the vehicles. d. The Car Share Program parking spaces will be reserved and located on-site (as depicted in the site plan submitted to the City), with a sign of not less than one square foot and not more than two square feet in size. e. Off-street parking areas and the reservation process will be made accessible to car share members at all times of the day through self-service features. f. All vehicles used for the Car Share Program will be clearly marked with a sticker of not less than 3"x 3"affixed to the rear bumper or lower comer of the windshield identifying the vehicle as a car share vehicle for the Property. IN WITNESS WHEREOF,the Property Owner has caused this Agreement to be duly executed on this Zgday of May,2025. Wallace Works LLC,a Montana limited liability company By: J Erik-Evans It: Manager